2015 (1) TMI 143

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..... Vide show-cause notice dated 5.3.2013, for the period 2008-09 to 2011-12, it was alleged that the appellant have availed inadmissible CENVAT credit on the goods which do not qualify as capital goods as per definition given under rule 2(a) of the CENVAT Credit Rules, Further, the appellant have availed CENVAT credit on such services, which did not have any nexus/proximity to the output services provided and thirdly the appellant have availed CENVAT credit on the services provided by Forex Broker, which are exclusively used for Inter-bank forex trading, which is exempted under Notification no. 19/2009 and as such the services utilized exclusively for exempted service, are not admissible. The appellant have availed CENVAT credit on various a....

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....road services, the same is utilized for the business of the appellant, as it is transfer policy of the employees, so that it can conduct its business in effective and profitable way and accordingly, such expenses are incurred. 3.2 As regards arranging the cab and tour operator services/travel agents services, such services are essential for providing travel facility to the employees, as the appellant require its employees to travel between its different offices and also undertake travel without which it cannot carry on its services. For such services, the appellant has to hire the car etc. and the expenses being fully incurred for the business purpose which have direct nexus and as such no disallowance is called for. 3.3 Further, as r....

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.... services' and the same is allowed in terms of Rule 3 read with rule 2(k) read with rule 2(a) of CENVAT Credit Rules, Further, the appellant relies on the ruling of the Tribunal in the case of Shree Rama Multi-tech Ltd. vs. Commissioner of Central Excise, Ahmedabad-III 2009(238)ELT 699(Tri-Ahmd) wherein the assessee in case of raw materials used in new machinery, on trial basis, result in output of final product which was cleared on payment of duty and the Commissioner has observed that since the appellant have capitalized such raw materials in their balance sheet, the same have to be treated as capital goods and not raw materials. This Tribunal found that it is not the Revenue case that the assessee had claimed depreciation in respect ....